In Johnson's police report, deputies said the smiling man was "uncooperative."

When former U.S. House Majority Leader Tom DeLay was hit with money laundering charges and booked at the Harris County sheriff's department, he was able to smile in his mugshot without any fuss. (Handout/Getty Images)

The department declined to comment further on the lawsuit.

Johnson said he's been traumatized, both physically and emotionally from the choking, and is suing for compensation and punitive damages.

When former U.S. House Majority Leader Tom DeLay turned himself in to the same department on money laundering charges in 2005, the politician was able to take his mugshot photo with a big grin, without any fuss from the Harris County sheriff deputies.